H.R.6220: Emergency Family and Medical Leave Expansion Act

Overview

The Emergency Family and Medical Leave Expansion Act (H.R. 6220) would allow employees of private employers with up to 12 weeks of job-protected leave under the Family and Medical Leave Act (FMLA). Eligible employees must have been on the employer’s payroll for 30 days, and may use emergency FMLA leave for the following reasons:

1) To adhere to a requirement or recommendation to quarantine due to exposure to or symptoms of coronavirus;
2) To care for an at-risk family member who is adhering to a requirement or recommendation to quarantine due to exposure to or symptoms of coronavirus; and
3) To care for a child of an employee if the child’s school or place of care has been closed, or the childcare provider is unavailable, due to a coronavirus.

The first two weeks of leave by an employee are not required to be paid for by an employer. However, after the two weeks of unpaid leave, employers would be required to provide 2/3 the employee’s salary (maximum of $200 a day) for up to 10 weeks, assuming continued leave is necessary for one of the approved purposes.

However, there are significant employer loopholes in this bill. Employers with more than 500 employees are not required to adhere to these provisions. Additionally, The Secretary of Labor has the authority to issue regulations to exclude certain health care providers and emergency responders from the list of those employees eligible for leave, and/or to exempt small businesses with fewer than 50 employees where the imposition of these requirements would jeopardize the viability of the business as a going concern. These two loopholes could prevent up to 80 percent of employees from benefiting from this legislation.

This bill was incorporated into the Families First Coronavirus Response Act (H.R. 6201), which passed the House on March 14th, 2020.

Source

View Full Overview

Our Stance

Support

Priority

High

Bill Number

H.R.6220

Date Introduced

March 12, 2020

Committee

House Committee on House Administration

Bill Status

Introduced or Prefiled